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UNITED STATES v. GRAVES

No. 76-3526.

556 F.2d 1319 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Glen D. GRAVES, Lewis Weinstein, and Graves Construction Company, Inc., a/k/a Graves Construction, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 12, 1977.

Attorney(s) appearing for the Case

Thomas W. Turner, Sp. Atty., Mervyn Hamburg, U. S. Dept. of Just., Crim. Div., Fraud Section, Washington, D. C., James E. Wilson, D. H. Perkins, Jr., Asst. U. S. Attys., Shreveport, La., for plaintiff-appellant.

C. William Gerhardt, Shreveport, La. (Court-appointed), for Glen D. Graves and Graves Construction Co.

John R. Martzell, New Orleans, La., for Lewis Weinstein.

Before TUTTLE, TJOFLAT and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 12, 1977.

JAMES C. HILL, Circuit Judge:

The United States brings this appeal from the pretrial dismissal of an indictment charging appellees with conspiracy to submit false statements to the Federal Housing Administration ("FHA") and the completed substantive offenses.1 The Government alleged that appellees had (a) fraudulently attempted...

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